Frazier v. Frazier
Court of Appeals of Kentucky
Case 22-ORDINARY appeal from letcixer circuit court. ■1. The proof clearly shows that appellee only purchased 200 acres of land from Day, and appellee’s vendor only intended to convey him that quantity. 2. The patent was issued by mistake, and it ought to be corrected. 1. The metes and bounds fixed on the face of the patent must govern. 2. Unless it is void upon its face, all its recitals must be taken as of record. The patent is not void, as all admit.
1Opinion of the CourtChief Justice Hargis
Fields procured a patent from the commonwealth in 1846 for a boundary of land, which, the patent states, contains two hundred acres.
Fields sold to Day, and Day sold the boundary to the appellee, and he took possession thereof in 1867.
Afterwards Day sold a part of the boundary to the appellants, who obtained a patent for another part of it in 1868, and entered under the patent and purchase from Day.
The appellee brought this action of ejectment, relying upon the senior patent to Fields, and the appellants defended on the ground that there was a mistake in the metes and bounds, courses and…
2Cases cited3 opinions
- Bledsoe's devisees v. WellsCourt of Appeals of Kentucky · 1816
- Hartley v. HartleyCourt of Appeals of Kentucky · 1860
- Clark v. JonesCourt of Appeals of Kentucky · 1855
3Cited by7 opinions
- Payne Butler v. Providence Gas CompanySupreme Court of Rhode Island · 1910
- Mason v. FusonCourt of Appeals of Kentucky · 1916
- Miller v. Breathitt Coal, Iron & Lumber Co.Court of Appeals of Kentucky · 1913
- Collins v. FlynnCourt of Appeals of Kentucky · 1913
- Givens v. United States Trust Co.Court of Appeals of Kentucky (pre-1976) · 1933
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